Get the details on Social Security Disability from our expert attorneys. Social Security disability benefits, whether Title II (which is based on how much you have worked) or Title XVI (which is based on your needs), are intended to pay monthly benefits if you become disabled due to a medical condition—be it physical, mental, or a combination of the two—before you reach retirement age.
However, just because you feel that you are disabled does not mean you will be awarded disability benefits. Rather, your treatment providers must provide records and documentation of your disabilities and why they prevent you from working. Social Security Disability eligibility can be confusing for the layperson, which is why we want to share a few tips with you.
Here are five (5) things you probably don’t know about Social Security Disability and your potential benefits.
First, you can indeed work some, even if the Social Security Administration (“SSA”) determines that you are disabled. But, you cannot engage in substantial gainful activity (which is a fancy way to say “work for pay”). You may not work more than twenty (20) hours weekly or earn more than $1,170 per month.
Second, if you have worked throughout your life and accumulated work credits, you are likely eligible for consideration for Title II benefits. However, the old adage “use it or lose it applies” here. Work credits, which are calculated by the SSA, expire if you go without working for some time. For Title II benefits, you must show that you are disabled before those credits expire, which is your Date of Last Insured.
Third, if you are approved for either Title II benefits, Title XVI benefits, or both, those benefits do not necessarily last forever. The SSA will review your medical condition periodically to see if your health has improved. Those reviews are typically conducted every three (3) or seven (7) years, but not always.
Fourth, if you are approved for disability benefits, your disability payments do not necessarily begin immediately. The SSA has regulations governing when it can send you your first payment. It often takes five (5) months for the SSA to process your successful case (it can be different, though). Regardless, after that, you begin to receive your payments. However, if you are entitled to back due benefits, you will have that payment to look forward to.
Fifth, simply because you have a hearing before an SSA Administrative Law Judge (“ALJ”) does not mean that you are automatically going to win your case. While your case is pending and before it is heard by an ALJ, you must get treatment from your doctors and those doctors’ records must contain objective data regarding why your disabilities prevent you from working.
This is a great deal of information—and you don’t need to be an expert in Social Security Disability when you have an expert on your side. Contact an experienced attorney at Edwards & Kautz, PLLC for help with your Social Security Disability case in Kentucky by calling 866-795-5087. Our attorneys can provide you with wise legal counsel on how to proceed with your potential case.